ilic Radisav

ilic Radisav

The applicant demonstrated serious triable issues regarding ownership and alleged fraud, established irreparable injury due to potential eviction from his matrimonial home, and the balance of convenience favored granting the injunction as the applicant would suffer greater hardship than the respondents.

Citation
ilic Radisav
Parties
Applicant: Ilic Radisav; 1st Respondent: Mbaraka Kitwana Dau (Administrator of the Late Hassan Bantu); 2nd Respondent: New Bantu Morogoro Security Services Ltd; 3rd Respondent: Maimuna Rajabu Bago; 4th Respondent: Bank of Africa Tanzania Limited; 5th Respondent: Bilostar Collectors Company Limited; 6th Respondent: Registrar of Title; 7th Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage, Fraud, Irreparable Injury, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Mortgage Fraud Irreparable Injury Balance of Convenience

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Parties

Ilic Radisav

Applicant

Mbaraka Kitwana Dau (Administrator of the Late Hassan Bantu)

1st Respondent

New Bantu Morogoro Security Services Ltd

2nd Respondent

Maimuna Rajabu Bago

3rd Respondent

Bank of Africa Tanzania Limited

4th Respondent

Bilostar Collectors Company Limited

5th Respondent

Registrar of Title

6th Respondent

Attorney General

7th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the 4th and 5th respondents from dealing with the disputed property pending determination of the main suit
  2. 2 Whether there are serious triable issues regarding ownership and alleged fraud
  3. 3 Whether irreparable injury will be suffered by the applicant if injunction is not granted

Ratio Decidendi

The applicant demonstrated serious triable issues regarding ownership and alleged fraud, established irreparable injury due to potential eviction from his matrimonial home, and the balance of convenience favored granting the injunction as the applicant would suffer greater hardship than the respondents.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the 4th and 5th respondents, their agents, relatives and workmen from trespassing, selling, disposing, leasing, evicting the applicant or transferring title over Plot No. 211B with Certificate of Title Number 58678, Forest Area, Morogoro Municipality, pending determination of Land...
  • No order as to costs.